Mar
Three Steps of a Personal Injury Claim
It is estimated that there are over three million people are injured in an accident each year. This can be at home, in their own car, at work or even outdoors. Most of the time, these accidents are someone else’s fault. This leaves the accident victims with the right to claim compensation. But how should you do this? What is the process of a personal injury claim? Read on to find out.
Personal injury claims can be a daunting and complicated process, especially for those who have never been through it before. However, with the help of a knowledgeable solicitor, the process can be made as easy and straightforward as possible. At Chartlands Chambers, our solicitors can help you navigate through the three main steps of a personal injury claim.
A Step-by-Step Personal Injury Claim Process
Step 1: Expert Opinions
The first step in making a personal injury claim is to send a claim letter to the person, people, or company that is responsible for the accident. This letter contains details of your injury and what happened. To support your claim, an expert opinion may be needed from a doctor or specialist. The defendant then has a fixed period of time, usually no more than three months, to respond to the letter. In their response, the defendant must outline whether they accept or deny liability for your injuries. If liability is accepted, then the matter can be settled out of court.
Step 2: Offer
After liability is accepted, your solicitor will notify you of what they think the value of your claim is likely to be. They may ask you how much compensation you are willing to accept and whether you would want to ‘offer to settle’ for that amount. They will make you aware of whether you should accept and how this would affect you. If the defendant accepts the offer and the figure, the matter can be settled out of court. If the defendant makes their own offer, your solicitor will advise you on what to do next.
Step 3: Court Settlements
If a settlement cannot be reached, your solicitor may advise you to take legal action. If the defendant responds to your claim letter by stating that they were not liable for the accident and will not be paying compensation, you may be advised to go to court.
How to Make a Personal Injury Claim
If you have been injured in an accident and think you have a valid claim, our solicitors at Chartlands Chambers can help guide you through the process. We can provide expert advice and support every step of the way, ensuring that your circumstances are considered fully. Don’t hesitate to get in touch today to learn more about the personal injury claims process or file your own claim, do not hesitate to get in touch today.
Resources
Citizens Advice: Personal Injury Claims: https://www.citizensadvice.org.uk/law-and-courts/personal-injury
Association of Personal Injury Lawyers (APIL): https://www.apil.org.uk
NHS: Guide to Personal Injury Compensation: https://www.nhs.uk/conditions/medico-legal-issues/personal-injury-compensation
Ministry of Justice: Making a Personal Injury Claim: https://www.gov.uk/make-court-claim-for-money/make-a-personal-injury-claim
Law Society: Personal Injury: https://www.lawsociety.org.uk/for-the-public/personal-injury
Chartlands Chambers Personal Injury FAQs
What types of personal injury cases does Chartlands Chambers handle?
Chartlands Chambers conducts both claimant and defendant personal injury work at all court levels. We specialise in claims arising from road traffic accidents, workplace accidents, and other personal injury matters. Our experienced team of Mrs Gemma Daniels and Miss Charlotte Osborne can advise in writing, attend conferences, and represent clients at hearings nationally.
Do you offer “no win, no fee” arrangements for personal injury claims?
No, Chartlands Chambers does not conduct Conditional Fee work. We operate on traditional fee arrangements, which allows us to provide focused and appropriate advice for each client’s circumstances. Our clerks can provide detailed fee information when you contact us on 01604 603322.
How long do I have to make a personal injury claim?
Generally, you have three years from the date of the accident or from when you first became aware that your injury was caused by someone else’s negligence to make a personal injury claim. However, there are exceptions to this rule, particularly for children or cases involving criminal injuries. It’s important to seek legal advice as soon as possible to ensure you don’t miss any deadlines.
Do I need to go to court for my personal injury claim?
Not necessarily. Many personal injury claims are settled out of court during the negotiation process. As outlined in our three-step process, if liability is accepted and a reasonable settlement offer is agreed upon, the matter can be resolved without going to court. However, if the defendant denies liability or refuses to offer fair compensation, court proceedings may be necessary.
Can Chartlands Chambers represent defendants in personal injury cases?
Yes, we conduct both claimant and defendant work. This means we can represent insurance companies, employers, or individuals who are being sued for personal injury claims. Our experience on both sides of personal injury litigation gives us valuable insight into how these cases develop and the best strategies for achieving favourable outcomes.
What should I do immediately after a personal injury accident?
Seek medical attention first, even if injuries seem minor. Document the accident scene with photographs if possible, gather witness contact details, and keep all medical records and receipts for expenses. Report the accident to relevant authorities (police for road traffic accidents, employer for workplace incidents). Contact Chartlands Chambers as soon as possible to discuss your potential claim and ensure important evidence is preserved.
What makes Chartlands Chambers different for personal injury claims?
As Northampton’s longest established barristers’ chambers (since 1995), we combine extensive experience with local knowledge and national reach. Our barristers have expertise representing both claimants and defendants, giving us comprehensive understanding of personal injury litigation. We’re located just five minutes from Northampton Combined Court centre, and our friendly, professional approach ensures clients receive the highest quality legal representation.
The Chambers is committed to delivering accurate, practical legal guidance and representing clients at all court levels throughout England and Wales, including through Direct Public Access where applicable.
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